Accountability of the States Greffier (FOI)
Accountability of the States Greffier (FOI)Produced by the Freedom of Information office
Authored by States of Jersey and published on 25 September 2017.
Who is the direct line manager of the States Greffier?
If the States Greffier doesn't have a direct line manager, who is responsible for monitoring his / her performance and who carries out his or her appraisal?
I see that when the Privileges and Procedures Committee held a meeting on 17 August 2015 to approve the Proposition to appoint the current States Greffier, they noted that he hoped to be able to return to Westminster in due course and that he was therefore willing to accept the appointment on a five year fixed contract basis. After the current States Greffier has done five years, will the post be advertised and who would be responsible for making that decision?
A to C
In accordance with Articles 2(4) and 13 and Schedule 1 of the Employment of States of Jersey Employees (Jersey) Law 2005, the Greffier is not a States employee but is classed as an office-holder. As such, the Greffier does not have a direct line manager and, although he is ‘chief officer’ of the States Greffe, he does not report to the Chief Executive under Article 3 of that Law.
The lines of accountability for the Greffier of the States are set out in the States of Jersey Law 2005 and reflect the principles of separation of powers between Jersey’s legislature (the States Assembly) and the Island’s executive (the Council of Ministers). In accordance with these principles, the Greffier of the States and States Greffe are independent and cannot be directed by Ministers or officers from Executive Departments as the Greffier and Greffe exist to serve the Assembly.
Article 41 of the States of Jersey Law 2005 prescribes that the Greffier of the States is appointed by the Bailiff with the consent of the States. Only the Bailiff may suspend the Greffier (and the Bailiff must refer the matter to the Assembly at the following States meeting) and only the States Assembly itself may dismiss the Greffier. The Greffier is therefore accountable directly to the Assembly in undertaking his functions.
Neither the Bailiff nor the Assembly carry out formal appraisals of the Greffier of the States. However, all States Members are in constant contact with the Greffier and his department and can raise concerns or discuss performance issues with him and his team whenever they wish. In addition, concerns or complaints about the performance of the Greffier can be reported to the Bailiff or the Privileges and Procedures Committee, who would then decide the appropriate course of action to take.
In line with the provisions of Article 41 of the States of Jersey Law 2005, the current Greffier of the States was appointed by the Bailiff with the consent of the States. The Assembly showed its consent by adopting ‘Greffier of the States: consent to appointment’ (P.101/2015) on 23 September 2015. In line with that proposition, the current Greffier was appointed for a period of five years. In accordance with Article 41 of the States of Jersey Law decisions on the recruitment of the next Greffier would initially be the responsibility of the Bailiff.
The Bailiff exercises the functions conferred on him by the States of Jersey law as President of the States. These provisions ensure that the appointment, suspension and dismissal of the Greffier are all independent of Ministers (the executive) and that the advice given to members of the States, including the Bailiff as presiding officer of the Assembly, can be given without favour, fear or partiality.